The Spanish judicial system springs into action
The Congress of Deputies, in a resolution published on May 23 in the Official State Gazette (BOE), has finally agreed to resume, as of June 4, the judicial and administrative proceedings that had been suspended in Spain since March 14 due to the lockdown. The situation will be as follows:
1. Legal proceedings with suspended deadlines
Time limits that were suspended in any legal proceeding as a result of the Declaration of a State of Emergency will resume running from the beginning as of June 4.
2. Appeals against Judgments Served During Lockdown or Immediately After Its Lifting
The deadlines for appealing judgments that were served during the state of emergency will also begin to run anew, starting from the beginning of the period on June 4, but with one difference: the deadlines will be extended by a period equal to the original duration. This same extension—or doubling of the deadline—will apply to judgments served within twenty days following June 4.
3. Notices of Suspended Hearings
Starting on June 4, trial dates or preliminary hearings that could not be held during these nearly three months of suspension will be rescheduled by each court. Although the courts may give priority treatment until December 31 to matters related to the effects of the coronavirus, there is a growing consensus regarding the need to give industrial and intellectual property rights the importance they deserve. In addition, two measures have been agreed upon that may help expedite the rescheduling of hearings: holding hearings in the afternoons and designating the month of August for procedural proceedings.
4. Hearings Scheduled for the Next 3 Months
Hearings already scheduled, starting June 4, for the next three months will proceed in accordance with the following basic criteria: (i) the hearing will be held in person if the measures for easing restrictions on the public’s return to work allow it in each location; (ii) the possibility of replacing the oral hearing with a written proceeding with the consent of the parties; (iii) the possibility of holding the hearing remotely if the court has the necessary technical resources ; (iv) the suspension of the hearing if none of the above options is feasible.
5. Statute of limitations for legal actions
The statute of limitations for legal actions that had been suspended since March 14 will resume as of June 4 . In this case, the period does not start over from the beginning; rather, the suspension is simply lifted, and the count will resume for the remaining time.
6. Administrative proceedings on hold
Time limits for administrative proceedings that have been suspended—such as cases before the Spanish Patent and Trademark Office—will resume on June 1 and continue for the remaining duration. Only in the case of appealswill the time limit begin anew from the start.
7. Continuity of Service Delivery
From the very first day of the lockdown, the entire staff of ELZABURU SLP has continued to work remotely from home, with a focus on customer service. In the Legal Department, the suspension of procedural deadlines has not prevented us from continuing our work in many areas: claims regarding online infringements, customs proceedings, criminal proceedings, urgent injunctions, appeals before the CJEU, out-of-court claims, investigations, Business and Contracts, and Media & Entertainment. In our previous press releases, we have reported on these services and the impact of the coronavirus on them.
Now is the time to heal the wounds and support our customers as they strive to return to normalcy.
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Direct links to other press releases of interest:
- Ninth. Effective June 4, 2020, the second additional provision of Royal Decree 463/2020, dated March 14, regarding the suspension of procedural deadlines, shall be repealed. The suspension shall be lifted on that same date.
- Tenth. Effective June 1, 2020, the third additional provision of Royal Decree 463/2020, dated March 14, regarding the suspension of administrative deadlines, shall be repealed. As of that same date, the calculation of time limits that had been suspended shall resume, or shall be restarted, if so provided for in a regulation having the force of law adopted during the period of the state of alarm and its extensions.
- Eleventh. Effective June 4, 2020, the fourth additional provision of Royal Decree 463/2020, dated March 14, regarding the suspension of the statute of limitations and expiration periods for rights and actions, shall be repealed. The suspension shall be lifted on that same date.